Legal Opinion
NA-JA CONSTRUCTION CORPORATION v. Roberts
District Court, D. Delaware
Decided October 10, 1966No. Civ. A. 3197PublishedCited by 10 opinions
1Opinion of the Court
OPINION
LAYTON, District Judge.
Plaintiff, a Pennsylvania corporation, has sued defendant, Commissioners of Levy Court of New Castle County (county government), Delaware, for the balance allegedly due it on a sewer construction contract. Defendant has moved to dismiss upon these grounds:(1) Sovereign immunity;(2) Lack of diversity because in reality this is a suit against the State of Delaware barred by the 11th Amendment of the Federal Constitution;(3) Even though there may be a waiver of immunity from suit in the state courts, such waiver does not extend to suits in the Federal Courts,…
2Cases cited13 opinions
- In Re AyersSupreme Court of the United States · 1887
- Great Northern Life Insurance Co. v. ReadSupreme Court of the United States · 1944
- Murray v. Wilson Distilling Co.Supreme Court of the United States · 1909
- Lincoln County v. LuningSupreme Court of the United States · 1890
- Marvine Markham v. City of Newport News, a Municipal CorporationCourt of Appeals for the Fourth Circuit · 1961
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3Cited by10 opinions
- S. J. Groves & Sons Co. v. New Jersey Turnpike AuthorityDistrict Court, D. New Jersey · 1967
- King v. Caesar Rodney School DistrictDistrict Court, D. Delaware · 1975
- George A. Fuller Company v. Coastal Plains, Inc.District Court, E.D. Louisiana · 1968
- Beck v. Claymont School DistrictSuperior Court of Delaware · 1979
- Acierno v. Preit-Rubin Inc.District Court, D. Delaware · 2001
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